A police affidavit places the shooting roughly 10 minutes after she was last seen, though her body wasn't recovered until five days later. Her body was recovered hidden behind a shed, state police saying Graf helped them find it. Rape rises to that level, but the sexual desecration of a corpse does not, as case law has established, Morganelli said. A misdemeanor, it means that Morganelli will be unable to seek the death penalty for Graf, considering that the alleged sexual abuse occurred after — and not before — Padgett was killed. Police found evidence of a "former marijuana grow" at an exterior building on the property, and also confiscated a marijuana horticulture book, pipes and a vaporizer, and other paraphernalia. Under the statute, the crime occurs when someone "treats a corpse in a way that he knows would outrage ordinary family sensibilities. Efforts to reach the family on Friday were unsuccessful.
Under the statute, the crime occurs when someone "treats a corpse in a way that he knows would outrage ordinary family sensibilities. Reference to the video was not made during Graf's brief court appearance Friday, in which he was brought before Baratta after requesting a public defender and being denied because of his wealth. Padgett went missing that day after she left Duck Duck Goose Child Care in Northampton and never returned to her job there. If not, Baratta said he had planned to appoint an attorney to represent Graf, who would then be responsible for reimbursing the county for the cost. He declined to discuss specifics of what it showed, other than to say that Graf committed a variety of sexual acts against Padgett, a year-old Whitehall Township woman who had once described him on social media as like a second father. Morganelli said the video, which he had not viewed, was found by police on Thursday. The development makes definitive what Morganelli had only suggested as a possibility before: His stance was blasted in court by Morganelli, who said Graf's own financial disclosures to the public defender's office showed he can afford an attorney. We've reviewed the aggravating factors," Morganelli told President Judge Stephen Baratta during a court hearing Friday morning involving Graf, his first public appearance since his arrest. Based on statements made from Gregory Graf, the stepfather accused of the murder, they are investigating necrophilia as a motive. Police say they are investigating if a man killed his stepdaughter to have sex with her corpse. But with Baratta saying that Graf will have to pay for a lawyer one way or the other, the defendant said he will now look to hire one. He said the video, in the possession of state police, offers categorical confirmation of what Gregory R. Graf has just basically told you that he'd rather waste the taxpayer money on his defense than his own [money]," Morganelli told Baratta. It was made somewhere in Graf's home, where he is believed to have killed Padgett, Morganelli said. Graf already told investigators on the day he was charged with homicide last month: Eyer said he has discretion in determining whether a defendant has enough money to pay for counsel, and concluded that Graf did, even considering the seriousness of the homicide charge he faces. Graf owns Distinctive Fence, a company located at his address in Allen Township, and he and his wife were building another home in Florida. The disappearance of Padgett, a recently married mother of three children, sparked an exhaustive effort to find her that included a "Help find Jessica Padgett" Facebook page that drew thousands of members. When Graf was first charged, Morganelli said Padgett was killed with a "sexual assault motive" that may have been realized either "prior, during or after" she was slain. Her body was recovered hidden behind a shed, state police saying Graf helped them find it. A police affidavit places the shooting roughly 10 minutes after she was last seen, though her body wasn't recovered until five days later. Rape rises to that level, but the sexual desecration of a corpse does not, as case law has established, Morganelli said. Morganelli has said Graf also had a marijuana-growing operation at his house that was discovered by police as they searched for Padgett. Efforts to reach the family on Friday were unsuccessful. Police found evidence of a "former marijuana grow" at an exterior building on the property, and also confiscated a marijuana horticulture book, pipes and a vaporizer, and other paraphernalia.
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